HomeMy WebLinkAboutpc_06 15 1993LITTLE ROCK PLANNING COMMISSION
REZONING HEARING
MINUTE RECORD
JUNE 15,1993
12:30 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being nine in number.
II.Approval of the Minutes of the Previous Meeting
The minutes of the May 4,1993 meeting were approved
as mailed.
III.Members Present:Brad Walker
Ramsay Ball
Diane Chachere
John McDaniel
Kathleen OlesonBillPutnam
Joe Selz
Jim VonTungeln
Emmett Willis,Jr.
Members Absent:Jerilyn Nicholson
Ronald Woods
City Attorney:Stephen Giles
LITTLE ROCK PLANNING COMMISSION
REZONING HEARING
AGENDA
JUNE 15,1993
DEFERRED ITEM
A.Miss Selma's Schools Short-Form POD (Z-5684)
B.Springtree Village Amended Short-Form PRD (Z-4969-A)
REZ NIN ITEMS:
1.Z-3150-E North Chicot Road MF-18 to 0-2
2.Z-3468-A Chicot Road I-2 to C-3
3.Z-5097-B Deltic North Slope R-2,MF-6,MF-18,
0-2 and C-2 to R-2,
MF-12,O-3 and C-3
4.Z-5681 Otter Creek Road and Stagecoach R-2 to C-3
5.Z-5685 ¹2 Southern Oaks Court R-2 to R-4
6.Z-5686 4807 Ballinger R-2 to R-5
7.Z-5888 7604 Eagle Drive R-2 to C-3
June 15,1993
N .:A PILE NO.:Z-5684
NAME:MISS SELMA'S SCHOOLS —SHORT-FORM POD
LOCATION:7819 "T"Street
~DEPT L P EE:~EE HITE T:
MICHAEL B.AND ROBIN R.SMITH ELLEN POWELL YEARY
7819 "T"Street 1012 west 2ndLittleRock,AR 72207 Little Rock,AR 72201
225-0123 372-5940
AREA:1.93 ACRES BER OP LOTS:1 FT EW TREET:0
~ZONIN :R-2 to POD ~PR Rggg~gg:Private preschool and
R-4 elementary school
0-3
LANNING DISTRI T:3
~E E&ll TRACT:22.03
VARI E RE E ED:None
TATEME T F P 0 AL:
The applicant proposes the establishment of a POD to encompass
the site presently occupied by the applicant's "Miss Selma's
Schools";the abandonment of the "TE Street right-of-way from
where "T"Street enters the boundary of the applicant's propertytoitsdead-end;and,the abandonment of two fragments of the
Glover Street right-of-way which were retained when the remainder
of Glover Street was abandoned to provide "hammer-head"turn-
arounds at the end of "TD Street.The applicant proposes toconstructonenewsingle-story multi-purpose building and one
two-story classroom building,and eliminate four older buildings
which are converted residential structures.It is proposed to
provide on-site faculty and staff parking,and to design for
adequate traffic circulation to the facilities and for a "queing"
(pick-up/drop-off)area.The new facilities are proposed toretainthesmall-scale residential character of the present
campus.It is proposed that the multi-purpose building beconstructedinthesummerof1993,with the remainder of the
improvements to follow in 1994 or 1995.
June 15,1993
ITEM A n inu FILE '-4
A.PR P AL
Review and approval by the Planning Commission of the site
development plan and a recommendation to the Board of
Directors of the POD with the abandonment of "T"and Glover
Streets is requested.
B.EXI TI ITI
The existing site consists of nine lots (six in Block 18 and
three in Block 19 of Bellevue Addition),plus the abandoned
right-of-way of Glover Street.There are presently eight
residential structures and four former accessory buildingsallbeingusedasclassrooms,storage,and officefacilities.There is an unimproved alley right-of-way along
the south property line.One adjacent property owner has
included this alley right-of-way into his/her fenced and
landscaped yard.Portions of the alley right-of-way are
overgrown with heavy underbrush and weeds.There is a metal
storage building on alley right-of-way in one location.The
remainder of the alley is grass and trees.
The site presently consists of three different zones:R-2,
R-4,and 0-3.To the west and south are R-2 and R-4 zoned
properties.To the north is 0-3 property.Immediately to
and contiguous with the site to the east is an R-2 property,
with C-3 and 0-3 properties beyond and across Watt Street.
C.EN INEERING UTILITY MME T
Little Rock Engineering Division comments that "T"Street
needs to be closed,but that an in-lieu contribution for the
upcoming improvements to Watt Street need to be assessed.
Engineering also notes that the on-street parking on WattStreetneedstobeeliminated.
It is observed that the diagonal parking along the west
property line must be 90 degree parking with adequate
maneuvering space.
The traffic circulation pattern needs thought to eliminatecross-over traffic from the parking area north of the "T"
Street right-of-way conflicting with traffic to and from the"queing"pick-up/drop-off drive.
The drive from the drop-off/pick-up area cannot enter "T"
Street as shown.It is suggested that,if this drive isdesired,additional length of "T"Street should be abandonedtoincludethearealyingbetweenLots3and10.
2
June 15,1993
ITEM NO.:ntinu d FILE NO :—4
Little Rock Wastewater Utility reports that sewer mains are
located in "T"Street and along the west property line.
They caution that no structures may be constructed over the
existing sewer maine.
Little Rock water works states that there is a 2 inch water
main in "T"Street,so the right-of-way will have to be
retained as an easement or the main will have to be
abandoned.They state that on-site fire protection may be
required,in which case an 8 inch main will have to be
extended to the fire hydrant.
Southwestern Bell Telephone Company has approved the plat.
The Fire Department requests a 20 foot minimum clearance for
the width of the turnaround at the island.
D.I E LE AL TECH I AL D I
An application to abandon "T"and Glover Streets must be
properly completed and filed with the City Clerk and with
the Planning Office.
In order to plan the driveway from the "queing"(pick-
up/drop-off)area as shown,the Lot 10 property owner must
agree to abandon her right-of-way in front of her residence.
Otherwise,as noted in the Engineering comments,the
driveway as shown is not permitted.
The landscaping/buffer plan must be prepared and submitted
to the Planning staff.
E .)~ALY'~I
The applicant proposes a development which,if not for the
availability of a POD ordinance,would have involved
rezoning,street closing,building setback variances,
conditional uses,and site plan review,and which would have
required multiple reviews by the Planning Commission and
Board of Directors.To deal with the complex and varied
components of the proposed development,the PUD was selected
whereby all the aspects could be considered as a unit.
The school is an institution of long standing and,in this
application,an attempt is being made to improve the
facility,traffic circulation,and parking.The proposal is
for the new buildings to be consistent with and retain the
small-scale "neighborhood"style and "feeling"of the
present campus.The new classroom building which is
designated as "two-story"is,in reality,a story-and-a-
half,utilizing floor area under the roof of the first floor
3
June 15,1993
I A n in ed F
and dormers.Both proposed buildings would be constructedtoblendwiththeresidentialcharacteroftheother
buildings on site and in the neighborhood and would utilizeresidentialexteriormaterials.
The new multi-purpose building is shown to be eight feet
from the south property line.Recalling that there is a
twenty foot alley to the south,there is actually more
distance between the building and the neighbor's propertylinethanisrepresentedbytheeightfootdimension.
F.FF RECOMMENDATI
Staff recommends approval of the site plan and of the
abandonment of the street right-of-way for "T"and GloverStreets.A utility easement should be retained on each
right-of-way.Approval is conditioned on gaining signatures
from all affected property owners for the abandonment of thestreetright-of-way for the two streets,including the owner
of Lot 10,and approval by the Board of Directors.
BDIVI I OMMITTEE OMME T:(MAY 13,1993)
The architect,Ms.Yeary,was present to represent the applicant.
The site plan and survey were presented by Staff.Ms.Yeary
outlined the request.The Engineering comments regarding the
driveway from the "queing"area was discussed.Ms.Yeary
reported that the required Lot 10 property owner was being
contacted to include her in the request to abandon "T"Street
from her east property line to the west.Also,the Engineering
comment regarding the deficiency of the traffic circulationpatterninvolvingtheparkinglotandthe"queing"area wasdiscussed.Ms.Yeary explained that the parking lot is forfacultyandstaffwhoarenotarrivingandleavingwhenthe
parents are bringing their children.Traffic circulation,then,is not the problem is might appear to be.A question was raised
concerning the unimproved alley along the south property line,
Ms.Yeary explained that since the school does not need the halfoftheright-of-way which would revert to them,and since atleaseoneneighborhasfencedthealley,the applicant does not
want to raise this issue at this time.
~TA~F QPDATE:
The applicant owns all the property on the south side of "T"
Street from Watt Street west to the dead end.The applicant also
owns all but three lots on the north side;a car wash occupies
the two corner lots at the north-west corner of "T"Street and
4
June 15,1993
ITEM Cnin FILE 0 '-4
Watt Street,and Mrs.Louise Norton owns the third lot west of
the corner.There are two properties facing Del Ray Street which
are affected,the property lines of which adjoin the right-of-way
line of "T"Street at its dead-end and the remaining fragments of
Glover Street.
According to the applicant,Mr.Norton had promised in the past
to sell her property to the applicant upon her,Mrs.Norton's,
death.Therefore,the applicant felt that Mrs.Norton would be
amenable to participating in abandoning the right-of-way of that
portion of "T"Street which lies in front of her property.The
Site Plan which had been submitted by the applicant showed a
drop-off/pick-up area with a traffic island in front of the
proposed building which fronted on the "T"Street right-of-way.
A portion of the drive way of the drive-thru and a portion of the
island extended to that part of the right-of-way in front of Mrs.
Norton's property.It was necessary,in order for the Site Plan
to be approved as submitted,for Mrs.Norton to agree to the
abandonment of the right-of-way in front of her property.
The initial plans for abandonment,then,involved getting the
signatures of the owners of the two properties on Del Ray Street
which back onto "T"Street,and of Mrs.Norton.A deadline was
immanent to get these signatures on the petition and to the City
Clerk.When it was found that Mr.Norton and her two sons were
unwilling to agree to the abandonment of the right-of-way in
front of Mrs.Nortons residence,and when one of the property
owners on Del Ray Street refused to sign the petition,the
applicant felt that there was insufficient time to re-group and
pursue a different course.Accordingly,on May 24,1993,the
applicant submitted a letter requesting deferral of the item
until the July 13,1993,Planning Commission hearing.This
would,from information related by the applicant,cause a
one-year delay in being able to build the first phase of the
proposed development,since construction could not be under way
during the school year.
It was realized,however,that there was an alternative means of
pursuing the abandonment of "T"Street and Glover Street:the
process for adversarial abandonment whereby a Board of Directors
member sponsors the abandonment and the matter is considered by
the Board of Directors without it having been considered and
recommended by the Planning Commission.The applicant appearedattheBoardofDirectorsAgendameetingonMay26,1993,and atleastoneBoardmemberagreedtobethesponsorofthe
abandonment request at the Board of Directors level.It was
agreed by the Board that the matter would be on the June 1,1993
agenda to set a public hearing for the June 15,1993,meeting.
5
June 15,1993
ITEM NO.:A n in ed F LE Z-4
Since the application to abandon the "T"Street and Glover Street
rights-of-way was being deleted from the poD application,the poD
application,it was realized,could proceed to the Planning
Commission as originally scheduled.Since no formal notification
of a change had been undertaken,the matter was left on the
agenda for the June 1,1993,Planning Commission hearing.At
this hearing,however,Mr.Joe Norton,the son of Mra.Louiae
Norton who owns the property on "T"Street,and Mrs.Danna Davis,
the owner of the property on Del Ray who had refused to sign the
petition to abandon the right-of-way at her back property line,
related that there had been some confusion among neighbors as to
the correct date for hearing of this item.Mr.Norton and Ms.
Davis indicated that reports were circulating among the neighbors
that the matter had been deferred.Ms.Ellen Yeary,the
architect on the project who was representing the applicant,
admitted that the applicant had told various neighbors,when that
seemed the only course,that the matter would be deferred.After
the Planning Commission hearing,Staff received a call from a
neighbor to the south who also wanted to know why the hearing had
been conducted despite being told by staff that the hearing was
to have been deferred.This particular neighbor,a Mr.Rick
Jones,had,indeed called on May 24,1993,after the request had
been received to defer the matter and before the decision was
made to leave the item on the agenda,and had been told that the
item was to be deferred.Mr.Jones indicated that all the
neighbors on the south of the applicant's property had been
planning to attend the hearing and would be in attendance at the
next scheduled hearing date on this matter.
PL I MMI SI A TI (JUNE 1,1993)
Ms.Ellen Yeary,architect,was present to represent the
applicant.Staff outlined the request and made the explanation
that the right-of-way abandonment issue had been separated from
the request and was being taken directly to the Board of
Directors.Staff added that the Planning Commission may wish to
make a recommendation to the Board of Directors,but that the
matter was on the Board's agenda of June 1 to set a public
hearing to abandon the rights-of-way of "T"and Glover Streets at
the June 15,1993,meeting date.
Ms.Yeary explained that Glover Street had been abandoned in
1958,but that fragments of Glover street had been retained at
the end of "T"to provide a turn-around.These fragments,plus
180 feet of "T"Street were included in the request for
abandonment.Ms.Yeary explained that in the original scheme
considered,more of "T"Street,an additional 50 feet to the east
lying in front of Mrs.Louise Norton's home,was shown on the
6
June 15,1993
ITEM ~A n in FILE .Z-4
plan to be abandoned.when Mrs.Norton and her sons rejected the
plan,the site plan was amended to delete that portion.The
proposed classroom building facing the "T"Street right-of-way
has a drop-off drive-thru and traffic island in front of it,and
a portion of the drive and island extended into the right-of-way
in front of Mrs.Norton's.This drive and island had to be moved
further west when Mrs.Norton would not agree to the street
abandonment.
Mr.Joe Norton,one of Mrs.Norton's sons,addressed the
Commission.He responded that he and the family do not object to
what Miss Selma's is trying to do,but he did have some concerns
which he wanted "on the record".He related that he wanted to besurethattherewasproperfencingandlandscapingbetweenhismother's property and the playground to the west.He wanted to
be sure that Mrs.Selma's would maintain "T"Street after theright-of-way was abandoned.He related that traffic is a problem
on "T"Street and the surrounding streets;that Miss Selma's
blocks off "T"Street to use the street as a playground causing
people arriving at the school to use his mother's driveway as aturn-around;and,that a church congregation is apparently using
Miss Selma's facility as a meeting place on Sundays and these
people use the area in front of his mother's home for parking,aswellasotherareaproperties,and this causes a great deal of
inconvenience and difficulty on his mother's part in accessingherproperty.Mr.Norton also commented that there had been somemis-information circulated as to the hearing date.
Ms.Donna Davis addressed the Commission.She identified herself
as a property owner at ¹5 Del Ray St.which backs up to the
dead-end of "T"Street and to the Glover Street right-of-way.
She reported that the privacy fence which separates her property
from Miss Selma's is her fence which she maintains.She
complained that "kids"and cars damage the fence which she then
has to repair.Ms.Davis expressed concern that she would looseherprivacywithatwo-story building looming over the fence atherbackyard.Additionally,she was concerned about the amountoftrafficontheareastreetswhichtheschoolgeneratesandthe
vandalism and noise which the school attendees cause.
Ms.Yeary explained that Miss Selma's owners had,at the point in
time when it was felt that the application would have to bedeferred,related that information to some of the neighbors.
Some,then,might not have know that the matter was back on theoriginallyscheduledagenda.She reported that,when Ms.Davis
had refused to sign the application to abandon "T"and GloverStreetrights-of-way,and when the recourse was made known to hertopursuetheadverserialabandonmentroute,she had attended the
May 26 Board of Directors agenda meeting to make the situation
known to the Board and to reguest being able to pursue thatroute.The Board had expressed agreement to permit that route
7
June 15,1993
TEM A C n in ed PILE Z-4
and a Board member agreed to sponsor the application to place the
request on the June 1 agenda to set a public hearing for the
abandonment for the June 15 meeting.Ms.Yeary responded to
Ms.Davis'oncern about the two-story building overlooking
Ms.Davis'ack yard with the explanation that the building is
designed as a story and a half,with a hip roof and dormers to
retain the one-story look of the neighborhood.
Deputy City Attorney Giles and Neighborhoods and Planning
Director Lawson confirmed the process of adverserail abandonment
and the setting of the dates cited.
Ms.Yeary concluded her remarks by indicating that the applicant
was attempting to "get it done right"in the application to deal
with a complex site plan involving proposed buildings which would
cross platted property lines.Commissioners,however,expressed
concerns about the "two-story"building and asked if Ms.Yeary
had any exterior elevations of the building.Ms.Yeary responded
that she did have the elevations,but that she had not brought
them to the hearing.Commissioners indicated that it would be
important to them to view the elevations,and asked if Ms.Yeary
would consider a deferral to the June 15,1993 Planning
Commission hearing in order for her to both present the
elevations and to meet with neighbors to try to resolve their
concerns.Ms.Yeary indicated that she would make the request to
defer the matter to the June 15 hearing date.It was moved and
seconded to accept this reguest,and the motion was approved by a
vote of nine ayes and no nays.
P ING 0 I N T (JUNE 15,1993)
Ms.Yeary,the architect for the development,and the applicants,
Michael and Robin Smith,were present.
Staff indicated that the item had been deferred from the
June 1,1993,hearing in order for the architect to prepare and
present exterior elevations of the proposed buildings,and to
allow time for the applicants and the architect to meet with
concerned neighbors.Staff related that there had been a meeting
on Thursday evening,June 10,to which all adjoining property
owners had been invited.Staff also reported that the applicant
had indicated that the property owner of the one remaining
residential property on "T"Street,Mrs.Norton,who had
appeared,along with her two sons,in objection to the project at
the previous Planning Commission hearing,had agreed to sell her
property to the applicant.Accordingly,the site plan and the
amount of "T"Street which would be included in the request to
the Board of Directors for abandonment would be amended.
8
June 15,1993
ITEM .:A n in E .—4
Mrs.Yeary presented the renderings which she had prepared.She
presented the exterior elevations of each of the two proposed
buildings and an overlay showing the view of the buildings from
the adjoining properties with the existing trees in place.She
reiterated the proposals indicated in site development plan and
related that the applicants would be willing to construct an
eight (8)foot privacy fence along the south property line and
along a portion of the west property line to include that part of
the property line lying south of the north "T"Street
right-of-way line.
Mrs.Donna Davis,who resides on Del Ray and whose rear property
line abuts the Miss Selma's property,and who spoke in objection
to the proposal at the June 1 hearing,addressed the Commission.
She indicated that she had been present at the neighborhood
meeting,but that she still objected to the proposal.She
related that she objected to the additional loss of privacy for
herself and to the increased traffic in the area.
Mrs.Smith,the applicant,reported that there is a McDonalds
restaurant a block away at watt St.and Cantrell Road and another
private school a block to the south.She reported that Watt
Street was being used as a "cut-through"for traffic going into
the areas to the south;that not all the traffic,then,is being
generated by her facility.She concurred with Mrs.Yeary's
statement that she would be willing to construct an eight (8)foot privacy fence,and that the solid board facing could be on
her side,or on the adjoining property owner's side,or on both
sides,as re&Zuired by the neighbors.
Staff reported that watt Street was scheduled for reconstruction
in the current street improvement program,and would be build tocollectorstandards.
The motion was made and seconded to recommend approval of the
establishment of the Planned Office Development.The motion
carried by a unanimous vote of the members present with 9 ayes
and 0 nays.
9
June 15,1993
I N B FILE '-4 -A
SAME:SPRINGTREE VILLAGE —AMENDED SHORT-FORM PRD
LOCATION:11701 and 11711 Springtree Drive
DS~LtSPRR:
ROBERT A.AND M.SUE PURIFOY
11701 Springtree DriveLittleRock,AR
562-1896
~AR :.165 and .118 ACRES BER F L T :2 FT.W TREET:0~Z:PRD ZRQRQ~ED 1~E :Residential
P ING DI TR T:15
~E~UT~RA T:4 1 .0 6
ARI E RE E :None
TATEMENT F P POSAL:
The applicant proposes an amendment to the existing pRD in ordertomakethefollowingmodificationstopropertiestheapplicant
has purchased:
1.At 11701 Springtree Drive,install a metal patio cover
over the existing concrete patio,fence the rear yard,
move the rear building line from the location plattedtocoincidewiththerearopenspaceandutility
easement,and construct a metal storage building 3 feetofftherearandsouthpropertylines.
2.At 11711 Springtree Drive,install a metal patio cover
over the existing concrete patio and fence the rearyard.
A.PR P AL RE E T:
Review by the Planning Commission and a favorable
recommendation to the Board of Directors for an amendment totheexistingpRDisreguested.The applicant reguests
approval to cover existing concrete patio slabs with metalpatiocoversatthetworesidences,to fence the back yardsatbothresidences,and to relocate the rear building line
and construct a storage building at the rear of the propertyononeoftheresidences.
June 15,1993
ITEM NO.:B n in d FI E .:Z-4 6 -A
B.EXI TI NDITIO
Both sites are developed,with a single family residence
located on each.The sites are located within the
Springtree Village PRD.This PRD was established in 1988,
but only a few residences have been constructed in the area.
This applicant has purchased two of the existing residences,
one being the model home/sales office and has constructed
metal patio covers over the existing concrete patios.
Zoning EnforCement noted the illegal work and the applicant
is attempting to gain approval for the work anticipated as
well as the work already done.
C.ENGINEERING UTILITY C MME
Engineering made no comment on the request.
The Fire Department approved the request as submitted.
Southwestern Bell Telephone Company and Arkansas Louisiana
Gas Company approved the plate as submitted.
D.ISS ES LEGAL TECHNI AL DE I
On the site of 11701 Springtree Drive,the applicant
requests relocating the rear building line from the location
platted to coincide with the rear 30 foot open space and
utility easement.At the same time,the applicant requests
to be able to construct a storage building 3 feet off the
rear and south property lines,this within the 30 foot
easement.Either the storage building must be located
outside the 30 foot easement or the easement will have to be
abandoned at that location.
E.~AL~YI
When a PUD site plan is approved,the features shown make up
the scope of what is allowed to be constructed or placed on
the site.Any modifications must be reviewed and approved
by the Planning Commission and an amendment to the PUD must
be approved by the Board of Directors.The applicant
requests approval of a modification to the existing PRD.
F.TAFF RE OMME DA I
Staff recommends approval of the requested modifications to
the existing PRD,except to the placing of the storage
building in the open space and utility easement.Modifying
of or abandoning this easement is not recommended.
2
June 15,1993
IT B nin FILE Z-4 -A
BDIV OMMITTEE T (MAY 13,1993)
The applicant nor a representative was present at the Subdivision
Committee meeting.Staff presented the request and outlined thedesiredmodificationstotheapprovedsiteplan.The Committee
noted that a 13.4 foot side yard on 11711 Springtree Drive and
with the "zero"lot line configuration of the PRD (meaning that
the house next door would be located just 10.3 feet from the
north side of this residence),the patio cover would be only3.4 feet from the next house.No recommendation was proposed,
and the Committee referred the item to the full Commission forresolution.It was suggested,however,that a less cumbersome
means of allowing buyers to make minor changes to the existing
PRD should be implemented by the developer:possibly amending
the Bill of Assurance to that effect.
P I I SI ACTI (JUNE 1,1993)
Mrs.Sue Purifoy,the applicant,and Mr.Scot Goldsholl,her
attorney,were present to present the proposed amendments to the
PRD.Staff outlined the proposal and indicated that a letter had
been received from the developer,Winrock Development,indicatingtheirconcernsintheapplication;specifically,that theyobjectedtoanyencroachmentintothedesignatedopenspace,butdidnotobjecttocoveringtheconcretepatioswithmetalpatiocovers.Mr.Goldsholl presented the explanation that the
Purifoys had bought two homes in Springtree Village PRD
approximately one year ago:11701 Springtree Drive where the
Purifoys reside,and 11711 which they lease to a tenant.
Mrs.Purifoy explained that right after they had purchased theresidences,they began what they perceived to be the appropriate
means of gaining approval to make the modifications they wishedtomake.They contacted Winrock and talked with Rick Rogers of
Winrock who came to their home and reviewed with them their
reguested changes.They made numerous attempts to follow up with
Winrock on their request,Mrs.Puriofy reported,but to date,nearly ten (10)months later,Winrock still has not responded.
According to the Bill of Assurance,Mrs.Purifoy explained,ifthedeveloperdoesnotrespondwithinthirty(30)days,the
requested changes are deemed to be approved and the property
owner may proceed.Therefore,the Purifoys added the metalcoversatthepatiosinNovemberof1992.Zoning Enforcementpersonnel,however,noted the additions and have under taken
enforcement proceedings against the Purifoys.Gaining approvalofthemodificationswhichhavealreadybeenconstructed,as wellastheadditionalmodificationswhicharedesiredistherequestpresented.
3
O'une 15,1993
ITEM NO.:B C n inu d FILE N '4 -A
Mr.Goldsholl explained that at 11701 Springtree Drive,the
Purifoys wish to gain approval for the now existing metal patio
cover;be allowed to fence the rear yard with fences along the
two side property lines and from the residence out to the north
property line;be allowed to move the rear building line east to
coincide with the open space and utility easement line at the
rear of their property;and,additionally,gain approval for the
placing of a metal storage building at the rear of the property
(within the open space and utility easement)three (3)feet off
the rear and south property lines.At 11711 Springtree Drive,
Mr.Goldsholl explained that the Purifoys wish to gain approval
for the now existing metal patio cover;and,be allowed to fence
the rear yard with fences along the two side lot lines and from
the side of the house to the north to the side lot line.Mrs.
Purifoy added that the re&Zuest to move the rear building line
back to the easement line was in order to provide the space
needed for a planned future expansion of their residence.
Chairman Walker made the observation that he wondered if this
item was being thought about properly:should the sill of
Assurance be the proper recourse for the Purifoys,or should the
PRD be amended2 He cautioned Mrs.Purifoy,though,that simply
relocating the building line would not provide the clearance
needed to make the planned addition to the residence;that
further site plan review would be re&Zuired when plans are
completed.
Staff commented that the concept of the Springtree Village PRD
was for small lot affordable housing with designated open space
and no outbuildings and carports.1f changes are made and the
open space is encroached upon,there is a difference "picture"
created.Staff stated that the established and approved PRD site
plan is the controlling instrument as to what is permitted in the
PRD.
Mrs.Purifoy added that that of the thirty-three lots in the
subdivision,there are approximately ten (10)which are
developed;that the residents are predominantly low income people
who cannot afford to go through the process which they are
undertaking to gain approval of modifications,but that a number
of other people in the subdivision want to make similar
modifications;that the next door neighbor to their home at
11701 Springtree Drive will be going "50-50"on the cost of the
fence between them;that the neighbor to the east in the adjacent
subdivision has already erected the fence at the rear,at the
east edge of the open space-utility easement;that vandalism and
thefts have made adding the fences an important reguest;and,
that the builder who had originally built the houses in the
subdivision had erected fences and patio covers,and had placed a
4
June 15,1993
EM 0:B i FILE Z-4
storage building in the open space easement when he built atleastoneotherhouse.The Purifoys,then,felt that what the
builder had done himself,they and others in the PRD ought to beabletodo,as well.
Thoughts from various Commission Members and from Staff followed.It was suggested that there might be a possibility of property
owners forming a Property Owners Association to present a
comprehensive application to modify the PRD.It was questioned
whether there ought to be enforcement on this level of detail.It was reiterated that maintaining the open space concept was
paramount in this PRD to keep the "look"of the basic concept.
Mrs.Purifoy responded that the rest of the property owner-
residents of the pRD want similar changes,but cannot afford to
pursue the required process.As the same time,she added,she
and her husband should not bear the costs for legal and filingfeesfortheentiresubdivisionandtheotherresidents.
Prom comments from most of the Commissioners,the consensus
emerged that the Commission is unwilling to deal with anapplicationfromanindividualpropertyownerwithinaPRD onspecificitemsformodificationonthatpropertyowner'8
individual lot;that the Commissioners want to look at a combined
comprehensive request;and,that the Commissioners would prefertodeferconsiderationoftherequesttoallowfurtherthought
and study,and to allow the applicant to bring in a group request
from the neighborhood.
Mrs.Purifoy recounted that she and her husband were beingrequiredtobeartheburdenofthecostsforthecomprehensiverequest.A motion was made by the Commission,however,to defer,with the applicants concurrence,consideration of the matteruntiltheJune15,1993,hearing date;that in the interim,theStaffhelpthePurifoysandtheirneighborsformulatean
appropriate and comprehensive application for the Commission's
review.The motion carried with 9 ayes and 0 nays.
IN C MMIS I A TI (JUNE 15,1993)
Staff reported that the applicant's attorney had submitted aletterdatedJune9,1993,requesting deferral of this item untiltheAugust24,1993 hearing.Staff recommended this request be
approved and it was included on the Consent Agenda for deferral.
The request was approved as part of the Consent Agenda with avoteof9ayesand2absent.
5
June 15,1993
ITEM 1 2-1 -E
Owner:Orbit Valve Profit Sharing
Plans A and B
Applicant:Jeffery R.Hathaway
Location:North Chicot Road
(North of 1-30)
Request:Rezone from MP-18 to 0-2
Purpose:Church and School
Size:12.0 acres
Existing Use;Vacant
RR UNDING LAND U E D 2 I
North —Vacant,zoned R-2
South -Multifamily,zoned MF-18
East —Vacant,zoned R-2,0-3 and OS
West —Vacant,zoned R-2
NOTE;The applicant has requested that the 0-2 rezoning be
withdrawn from the agenda.The Planning Commission must
vote to withdraw the item because it was included in the
legal ad for the June 15,1993 public hearing.
P ING COMMIS ION ACTION:(JUNE 15,1993)
Staff reported that the applicant had submitted a request to
withdraw the item.As part of the Consent Agenda,the
rezoning request was withdrawn without prejudice.The vote
was 9 ayes,0 nays and 2 absent.
tune 15,1993
ITEM 2 Z-468-A
Owner:S.Roger Horchow,Agent
Applicant:Gene Pfeifer
Location:Chicot Road (north of the
railroad tracks)
Request:Rezone from I-2 to C-3
Purpose:Commercial
Size:1.76 acres
Existing Use:Vacant
S R DING LAND E D Z I
North —Industrial,zoned I-2
South —Vacant,zoned I-2
East —Vacant,zoned I-2
West —Vacant,zoned I-2
TAFF ANALYSI
The property in question,1.76 acres,is located on the east
side of Chicot Road,just north of the railroad tracks.The
request is to rezone the site from I-2 to C-3.The land is
part of a larger tract that will be purchased by the CityfortheChicotRoad/South University project.The City is
in the process of acquiring 4.3 acres for the new roadway
and 1.76 acres will be surrounded by city right-of-way.
Some of the land to the north is in the floodway and a small
portion of the area under consideration (4,200 square feet)for C-3 is also in the floodway.The City already owns the1.4 acre tract adjacent to the railroad right-of-way.
Zoning in the area includes R-2,0-3,C-3,C-4 and I-2.Atthistime,the property is encircled by I-2 zoning.Along
Chicot Road,the current zoning ranges from R-2 to I-2.
Land use is made up of single family,office,commercial andindustrial.The single family neighborhood is situated to
the south of the railroad tracks,and should not be impacted
by any zoning action to the north.Several of the nearbypropertiesareundeveloped,including the I-2 land directlyacrossChicot.
Because of the Chicot Road project and the reduced land areafordevelopment,a C-3 reclassification is a reasonable
option for the site.The size of the property makes it more
June 15,1993
ITEM .2 Z-4 -A on
appropriate for a commercial use,and not an industrial
project.Rezoning the 1.7 acres to C-3 will not create any
problems for the surrounding properties nor will it
dramatically change the existing zoning pattern along
Chicot.At this time,the adopted land use shows the
property as part of a large industrial area.Because ofstaff's support for the C-3,a plan amendment is recommended
for this part of Chicot Road.
LAND USE PL ELEME
The request is in conflict with the plan.The Geyer Springs
West Plan shows industrial for the site in question.
Since the plan was approved,the alignment for the
University-Chicot connection has been determined.The
resulting changes warrant a re-examination of the plan.The
area south of the creek to the railroad (new alignment)
should be shown as commercial.The physical constraints
make industrial unlikely and commercial use would provide a
step down in use as one approaches the single family area.Staff recommends using the creek as a dividing line between
industrial to the north and lesser uses to the south.Then,
the road and railroad rights-of-way provide a boundary to
even lesser uses farther to the south.
For the site in question,the plan should be amended to
commercial.If the Commission approves the rezoning,an
amendment to change the plan will be forwarded to the Board
of Directors.
E INEERI MME
The designated floodway needs to be zoned OS and dedicated
to the City.
TAFF RE OMME DATI
Staff recommends approval of the C-3 and OS for the
floodway.
PLANNI MMI IO ACTI N:(JUNE 15,1993)
Staff reported that the notices were mailed less than the
required 15 days and a waiver of the bylaws would be neededtoheartheitem.A motion was made to suspend the bylaws
and hear the request.The motion was approved by a vote of
8 ayes,1 nay and 2 absent.
2
Zune 15,1993
ITEM NO :2 —4 -A C n
Gene Pfeifer was present and said that he was representing
the applicant.There were no objectors in attendance.
Mr.Pfeifer said that he had no problems with the OS zoningforthefloodwayarea.
Some questions were then asked about land use and zoning.
Ron Newman,planning Manager,responded to comments and
discussed the land use plan element.There was additional
dialogue between the Commission and staff about the proposed
rezoning.
Gene Pfeifer described the site and said it has been reduced
from 6 acres to 1.7 acres because of the Chicot/Universityproject.Mr.Pfeifer said the property was no longer aviableindustrialsiteandwasalogicalcommerciallocation.
A motion was accepted by the Chairman to recommend approvalofC-3 and OS as amended.The motion passed by a vote of
9 ayes,0 nays and 2 absent.
3
June 15,1993
TEM 0.:3 Z-50 7-B
Owner:Deltic Farm and Timber Company
Applicant:Joe D.White
Location:Deltic North Slope —Various
Sites
Request:Rezone from R-2,MF-6,MF-18,
0-2 and C-2 to R-2,MF-12,0-3
and C-3.
Purpose:Mixed Uses
Size:126.6 acres
Existing Use:Vacant
RROUNDING L D E AN ZONING
North —Vacant and Single-Family,zoned R-2 and 0-2
South —Vacant,zoned R-2
East —Vacant and Single-Family,zoned R-2
West —Vacant and Single-Family,zoned R-2 and C-3
STAFF ANALYSIS
This rezoning request,filed by Deltic Farm and Timber for
the "north slope"of the Chenal Valley development,is a
follow-up action to a plan amendment that was endorsed bythePlanningCommissionin1992.The sites in question wereinitiallyrezonedin1988,as part of an overall land use
and zoning plan for the north slope area.The 1992
amendment involved four specific areas and the proposed
rezoning are for the same locations.In addition to the
land use plan change,there was also a street plan amendment
which relocated a proposed arterial that will run from
Highway 10 to Chenal Parkway.(The amendments will be
forwarded to the Board of Directors at the same time as the
rezoning request.)
There is one area that includes a rezoning that was not partofthe1992recommendedamendment.In the general vicinityofHighway10andthenewarterial,MF-12 has been requestedforapproximately28acres.The proposed LMF site is
northwest of the arterial and adjacent to one of the 0-3areas.MF-12 is a low density multifamily district,andstafffeelsthatitisanappropriatereclassificationfor
the location.A LMF area will be added to the plan
amendment if the Planning Commission recommends approval oftheMF-12.
June 15,1993
IT N K-7-B n
Following is an acreage comparison of existing zoning and
what is being proposed for this request.
~Exi ~i ZXQXLQEQ4
Multi-Family 47.5 32.0
Office 8.1 10.9
Commercial 24.5 23.3
L U E P ELEME
The adopted plans are in conflict with the proposed
rezonings.However,the Commission has approved the plan
amendments to allow these rezonings.The plan amendments
have been held waiting for the rezonings.The proposed
rezoning is in agreement with the previous approved masterstreetplanandlanduseplanchanges.
EN INEERI 0 MME T
There are none to be reported.
TAFF REC MME A I
Staff recommends approval of all the rezonings as requested.
P I OMNI I A TI (JUNE 15,1993)
The application was represented by Jack McCray.There wereseveralotherinterestedpersonsinattendance,includingJoeWhite,engineer for the Chenal development.
Ron Newman,Planning Manager,reviewed the Land Use Plan andtheMasterStreetPlanamendments,which the Planning
Commission endorsed in 1992.Mr.Newman told the Commissionthatthex'ezoning action before them was a follow-up to aplanamendmentandbothitemswouldbeforwardedtothe
Board of Directors at the same time.
Jack McCray spoke and said he was representing Deltic Farm
and Timber',the owner.Mr.McCray made some brief comments
and said he or Joe White would be available to answer anyquestions.
2
June 15,1993
ITEM :Z-7-B n
Gene Pfeifer,a property owner on the north side of Highway
10,then addressed the Commission.Mr.Pfeifer said that he
was representing a family group that has a substantial
landholding on the north side of Highway 10,which was zoned
for office and commercial uses.He went on to say that he
was concerned with the amount of commercial zoning at
Highway 10 and Chenal parkway,and then discussed the
history of his zoning.Mr.Pfeifer indicated that he might
have to consider making some changes to the existing zoning
configuration and would probably be submitting a request in
the near future for some rezonings.Mr.Pfeifer
acknowledged that the intersection was a major node and some
of the lands were impacted by overhead power lines.
There was some discussion about the amount of commercial
zoning in the area and expansion of the node.
A motion was made to recommend approval of all the rezonings
as requested.The motion passed by a vote of 8 ayes,1 nay
and 2 absent.(NOTE:There were some comments made after
the vote about future rezoning requests in the area and
nonresidential zoning.)
3
June 15,1993
ITEM 'Z-1
Owner:Lucille Vines
Applicant:Edward C.Qrubbs
Location:Otter Creek Road at Stagecoach
Road
Request:Rezone from R-2 to C-3
Purpose:Office,Laboratory and Shop
Size:1.28 acres
Existing Use:Single-Family
SURROUNDI LAND USE AND ZONI
North —Vacant,zoned R-2
South —Vacant,zoned R-2
East —Vacant,zoned R-2
West —Office and Lab,zoned C-3
STAFF YSIS
The request before the Commission is to rezone 1.28 acres onOtterCreekRoadfromR-2 to C-3.The site is situated justeastofStagecoachRoad,and the proposal is for the
property to be utilized by an engineering firm,located atthecornerofStagecoachandOtterCreek,if the rezoning is
granted.Currently,the land is occupied by a single familyresidenceandseveralaccessorybuildings.The property has
288 feet of frontage on Otter Creek Road and an average
depth of 193 feet.
zoning found in the general vicinity is R-2,C-l,C-2 andC-3.The property in question abuts C-3 on the west and R-2
on two sites.Land use is made up of single familyresidences,multifamily,office,a day care center,
commercial,salvage yard,and a Southwestern facility.Several of these uses are nonconforming including thesalvageyardonStagecoachRoad.Throughout the area,thereareundevelopedtracts,especially to the east,which is
primarily a large floodplain area.The C-2 parcels and someoftheC-1 property are vacant at this time.
Rezoning the site under consideration to C-3 is a reasonablerequestandstaffsupportstheproposedcommercialreclassification.C-3 will not have any impacts on the
neighborhood and is compatible with the zoning pattern fortheStagecoach/Otter Creek Road intersection.The area totheeastisidentifiedasopenspacebecauseofthewetlands
June 15,1993
NO Z-6 1 n
and,therefore,the possibility of stripping out Otter Creek
Road with commercial zoning is not an issue.A plan
amendment is being proposed by the staff,which is morerealisticandcreatesaworkablelandusepatternforfuture
development.
L E PLAN ELEME T
The request,while basically in conformance,results in a
commercial area rather than a mixed office and commercial
area.Staff will take this request opportunity to re-
examine the area around the request site.The plan was
adopted over ten years ago and it now appears some of the
proposed uses are unlikely to occur.
For example,the Office-Commercial mix proposed no longer
appears reasonable.It is more appropriate to show
commercial on both sides of Stagecoach Road.The majortrafficmovementisalongStagecoachandfromtheOtter
Creek Subdivision to the interstate system.Otter Creek
Road provides one of two links to the interstate system as
well as a connection to major medical and commercial areas.
More of a commercial node is appropriate with community
shopping as a designation.
As a step down,Neighborhood Commercial uses are proposedfortheentrancetotheOtterCreekSubdivision.This area
should be of lesser intensity and geared more to the local
neighborhood.Currently,the plan calls for Community
Shopping west of Stagecoach and Mixed Office and Commercial
east of Stagecoach.This change should be of benefit to the
neighborhood with scale and orientation.
The Light Industrial use area further to the south is really
too intensive;however,there is some industrial zoning in
place.To encourage a lesser intensity of development while
recognizing some light industrial uses,the Mixed Commercial
and Industrial designation is recommended.
Finally,the area north of the interstate between the Otter
Creek and Crooked Creek is shown for Mixed Commercial
Industrial.This area shown has been approved for a church,
Geyer Spring Baptist,which has built on the site.
Therefore,the plan should be changed from Mixed Commercial
and Industrial to Public Institutional.
2
June 15,1993
TEM N 4 Z-1 n
E I ERI ENTS
Otter Creek Road is classified as a minor arterial which
has a right-of-way standard of 90 feet.If the existing
right-of-way is deficient,dedication of additional
right-of-way will be required.
TAFF RE OMME AT I
Staff recommends approval of the C-3 rezoning as requested.
P I MMI I A (JUNE 15,1993)
The applicant was present.There were no objectors and the
item was placed on the Consent Agenda.A motion was made to
recommend approval of the C-3 as requested.The motion
passed by a vote of 9 ayes,0 nays and 2 absent.
3
June 15,1993
IT O.:Z-6
Owner:Ike Uketui
Applicant:Ike Uketui
Location:¹2 Southern Oaks Court
Re&xuest:Rezone from R-2 to R-4
Purpose:Duplex
Size:0.2 acres
Existing Use:Duplex
RR DI LAND SE AND ZONIN
North —Single-Family,zoned R-2
South —Single-Family,zoned R-2
East —Single-Family,zoned R-2
West —Single-Family,zoned R-2
AFF ANALYSIS
This issue is before the Commission as a result of an
enforcement action by the City.The owner at ¹2 Southern
Oaks remodeled an existing single family residence into a
duplex without first trying to rezone the lot and without
obtaining the appropriate building permit.The property is
part of a well-established neighborhood,which is located
north of West 65th and between Geyer Springs and Lancaster
Road.
Zoning in the immediate vicinity is R-2,and the lot abutsR-2 property on all sides.Other zoning in the area is R-4,R-5,MF-6,0-3,C-3,C-4,I-2 and OS.The R-4 and MF sites
are found on Battle Road and the R-4 is occupied by a lodge
and the MF-6 is undeveloped.There is some R-5 land on
Lancaster,however,the property is occupied by single
family residences.(The most recent zoning action in theareawasaPRDforthreeunitsonLancasterRoad.)The
majority of the nonresidential zoned properties are found
along West 65th Street.Land use is similar to the existing
zoning and includes single family,a church,and commercial.
Several of the nonresidential parcels are either undevelopedorhavevacantbuildings.
Even though the request is only for R-4,staff is concerned
with the possible impacts on the neighborhood and cannot
support the proposed reclassification.The proposal is a
June 15,1993
IT N z-n
spot zoning,which the City tries to discourage as much aspossible,and could establish undesirable precedent for the
neighborhood.The subdivision itself appears to be verystable,however,there are some nearby areas,Butler Road,that are experiencing some problems and a deterioration ofthearea's livability.Maintaining the existing zoning ofR-2 should be viewed as one way to keep the neighborhoodviableandtopreventcertainunwantedsituationsfrom
bleeding into the neighborhood.Rezoning,to increase
density,in a single family neighborhood is very
questionable and could lead to a reversal of the positivethingshappeninginagivenarea.And finally,the adoptedplanshowsthelotaspartofasinglefamilyarea.
L D U E PL ELEMENT
The request is in conflict with the plan.The 65th StreetEastPlanrecommendssinglefamilyforthislocation.While
a single duplex might not be against the plan,until thestaffandCommissiondevelopameasuretoaddresswhenthe
number of duplexes would change the character to low densitymultifamily,it is not advisable to approve even one duplex.Conditions have not changed in the area to warrant a plan
amendment.
ENGI ER C MMENT
There are none to be reported.
TAFP RE MME DATI
Staff recommends denial of the R-4 rezoning.
PL I MMI ION ACTI (JVNE 15,1993)
Staff reported that the item needed to be deferred becausetheapplicantwasunabletonotifytherequiredpropertyowners.As part of the Consent Agenda,the request wasdeferredtoJuly27,1993.The vote was 9 ayes,0 nays and
2 absent.
2
June 15,1993
IT NO.:Z-568
Owner:Ike Uketui
Applicant:Ike Uketui
Location:4807 Ballinger
Request:Rezone from R-2 to R-5
Purpose:Multifamily
Size:0.9 acres
Existing Use:Single-Family
RR D LAND E AND Z IN
North —Railroad tracks,zoned R-2
South —Single-FamilY,zoned R-2
East —Single-Family and Multifamily,zoned R-2
and R-5
West —Single-Family,zoned R-3
AFF ALYSIS
4807 Ballinger Road is occupied hy a single family residence
and the owner would like to convert the building to four orfiveunits.To allow the increase in the number of dwellingunits,the property must first be rezoned to R-5.Theexistingresidencesitsonthefront1/4 of the lot and therear3/4 is undeveloped.The site has 125 feet of frontage
on Ballinger and a depth of 410 feet.
Zoning is R-2,R-3,R-5 and I-2,with the property in
question abutting R-2,R-3 and R-5.There are severaltractstotheeastthatarezonedR-5 and two of them appeartobeundeveloped.The I-2 is found to the northeast,east
and southeast,the industrial area that is along Patterson
Road.Land use is made up of single family,commercial andindustrial.There are no conventional multifamily
developments in the immediate vicinity.The abutting R-5 is
developed with several detached single family structures.
The proposed R-5 rezoning is in conflict with the adopted65thStreetEastPlan,and staff does not support therequest.The plan does not recognize the existing R-5 on
Hoffman and the nearest multifamily area shown on the planisapproximately1/4 mile to south.It is our position that
June 15,1993
M z-n
the recommended land use pattern should be maintained by not
approving the proposed R-5 reclassification.Endorsing theR-5 could create additional problems for the area,which has
already been impacted by some of the multifamily sites found
along Butler Road.Another concern is that R-5 rezoning
could allow between 20 to 25 units based on the lot size andthelandareaperfamilyrequirementintheR-5 district.A
large number of units on the property could create an
undesirable living environment,and impact the livability oftheentireneighborhood.
L D E PLAN ELEME T
The request is in conflict with the plan.The 65th StreetEastPlanrecommendssinglefamilyforthislocation.
Conditions have not changed in the area to warrant a plan
amendment.
ENQINEERI MME TS
There are none to be reported.
TAF MME ATI
Staff recommends denial of the R-5 rezoning request.
PL I OMNI ION A TI (JUNE 15,1993)
Staff informed the Commission that the item needed to bedeferredbecausetheapplicantdidnotnotifythepropertyowners.As part of the Consent Agenda,the issue wasdeferredtotheJuly27,1993 hearing.The vote was 9 ayes,
0 nays and 2 absent.
2
tune 15,1993
7 Z-
Owner:John and Greg Lamb
Applicant:John Lamb
LOCation:7604 Eagle Drive
Request:Rezone from R-2 to C-3
Purpose:Commercial
Size:0.18 acres
Existing Use:Commercial
URR I D E NI
North —Office,zoned C-3
South —Office,zoned C-3
East —Office,zoned C-3
West —Single-FamilY,zoned R-2
TAFF ALY I
The request for 7604 Eagle Drive is to rezone the property
from R-2 to C-3.The location has 0-3 nonconforming status,
and the site has been used as an office for a number ofyears.In 1973,an amendment to the Bill of Assurance for
the Chicot Manor Subdivision was approved to allow Lot 2
(7604 Eagle Drive)to "be used for any purpose or purposessetforthinLittleRockCodeSection43-6 "E-1"Quiet
Business and Institutional District."E-1 converted to 0-3
with the adoption of the new zoning ordinance of 1980.The
amendment was endorsed prior to this part of SouthwestLittleRockbeingannexedtothecity.A C-3reclassificationisbeingrequestedtoallow a portion ofexistingthebuildingtobeutilizedforasmalleatingestablishment.The principal building has 1,346 square feet
and an accessory structure has 345 square feet.The lot has
85 feet of frontage on Eagle Drive and is approximately
100 feet west of Chicot Road.
Zoning in the general vicinity is R-2,R-5,0-3 and C-3.
The lot in question abuts C-3 on two sides and R-2 on thewest.Directly across Eagle Drive,the zoning is C-3.The
majority of a nonresidential zoning found along this segmentofChicotwasaccomplishedthroughthe"South CentralIsland"Plan,which was adopted in 1982.Land use includes
single family,multifamily,a church,office,commercial and
APaL substation.There are still nonconforming uses in thearea,and several parcels are undeveloped.
June 15,1993
IT 7 Z-n
The proposed commercial reclassification of 7604 Eagle Drive
is in conflict with the Geyer springs District plan,which
reflects the existing zoning and shows the site as single
family.Staff is concerned with the potential impact on the
subdivision from the rezoning and not providing a good
zoning buffer from the C-3 on Chicot to the single family
lots along Eagle Drive.Since the property has been used as
an office and has a nonconforming status,a possible option
for the lot is an office reclassification.Because of the
location and the relationship to the neighborhood,0-1 would
probably be the logical district.An office rezoning would
create an acceptable zoning pattern and provide the normal
transition from C-3 to the residential area.
E PLAN ELEME T
The commercial request is in conflict with the plan.
ERI MME T
There are none to be reported.
T F RE TI
Staff recommends denial of the C-3 rezoning and suggest 0-1
as being more appropriate for the location.
I MMI I (JUNE 15,1993)
The applicant,John Lamb,was present.There were no
objectors in attendance.Mr.Lamb spoke and said he wanted
C-3 zoning and stated that there was C-3 on three sides.He
went on to describe the area and the existing uses.
There was some discussion about the existing zoning pattern
and land use.
John Lamb said that his building was occupied by an office,
barber shop and a small snack shop.Mr.Lamb said that he
would have problems if the lot was not zoned C-3.
There was some discussion about the Bill of Assurance for
the subdivision.Stephen Giles,Deputy City Attorney,said
that the Bill of Assurance could not control the
Commission's action on a particular rezoning request.
Mr.Giles also said that the Commission should not try to
totally offend the Bill of Assurance.
2
June 15,1993
n
Additional comments were made by various individuals,
including John Lamb and several commissioners.
A motion was made to recommend approval of the C-3 rezoning
as requested.The motion passed by a vote of 8 ayes,1 nay
and 2 absent.
3
PLANNING COMMISSION VOTE RECORD
DATE j 5 j 3 CCAAASEAIT AACPEATTAAA Yedu RECTU toto AIGEutDW
MEMBER +
BALL,RAMSEY v /
CHACHERE,DIANE V TP V
v''A'ILLIS,
EMMETT v
v'CDANIEL,JOHN v V v v
NICHOLSON,JERILYN A g A
OLESON,KATHLEEN jF v V V y'AP ~V
VONTUNGELN,JIM v V
PUTNAM,BILL v v v v v erd M y
WOODS,RONALD *
SELZ,JOE H.v'4
v''ALKER,
BRAD v v'
TIME IN AND TIME OUT
BALL,RAMSEY
BF'HACHERE,DIANE
WILLIS,EMMETT
MCDANIEL,JOHN
NICHOLSON,JERILYN A
OLESON,KATHLEEN
VONTUNGELN,JIM
v'UTNAM,BILL v
WOODS,RONALD
SELZ,JOE H.
WALKER,BRAD v'eeting Adjourned !PAF P.M.
Yu AYE ~NAYE ~ABSENT edE5 ABSTAIN +DVTOF jgootooil olsoodgloMI ND Ytno,
tune 15,1993
There being no further business before the Commission,the
meeting was adjourned at 1:35 p.m.
Date '.